109,250
Section 250. 79.05 (2) (intro.) of the statutes is amended to read:
79.05 (2) (intro.) A Ending with the distributions in 2003, a municipality is eligible for a payment under sub. (3) if it fulfills all of the following requirements:
109,251
Section 251. 79.05 (7) of the statutes is created to read:
79.05 (7) Beginning in 2004, no municipality may receive a payment under this section.
109,252
Section 252. 79.058 (1) of the statutes is amended to read:
79.058 (1) Each Ending with the distributions in 2003, each county is entitled to a mandate relief payment equal to the per person distribution under sub. (2) times the county's population for the year in which the statement under s. 79.015 is provided as determined under s. 16.96 (2).
79.058 (3) (d) In 2002, $20,971,400, less amounts paid from the appropriation account under s. 20.855 (4) (rb).
79.058 (3) (e) In 2003 and subsequent years, $21,181,100.
109,255
Section 255. 79.058 (4) of the statutes is created to read:
79.058 (4) Beginning in 2004, no county may receive a payment under this section.
109,256b
Section 256b. 79.06 (1) (b) of the statutes is amended to read:
79.06 (1) (b) If Ending with the distributions in 2003, if the payments to any municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in 1986 or any year thereafter are less than 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), for the previous year, the municipality or county has an aids deficiency. The amount of the aids deficiency is the amount by which 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year exceeds the payments to the municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in the current year.
109,256d
Section 256d. 79.06 (1) (c) of the statutes is amended to read:
79.06 (1) (c) A Ending with the distributions in 2003, a municipality or county that has an aids deficiency shall receive a payment from the amounts withheld under sub. (2) equal to its proportion of all the aids deficiencies of municipalities or counties respectively for that year.
79.06 (2) (b) If Ending with the distributions in 2003, if the payments to a municipality or county, except any county in which there are no cities or villages, or any county created in the year 1846 or 1847, with a population in the year 1990 greater than 16,000 but less than 17,000, as determined by the 1990 federal decennial census, in any year exceed its combined payments under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in that year under sub. (1) (c).
109,257
Section 257. 79.06 (3) of the statutes is created to read:
79.06 (3) Sunset. Beginning in 2004, no municipality or county may receive a payment under this section.
109,258pr
Section 258pr. 84.013 (1) (a) (intro.) of the statutes is amended to read:
84.013 (1) (a) (intro.) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state or a southeast Wisconsin freeway rehabilitation project under s. 84.014, which has a total cost of more than $5,000,000 and which involves any of the following:
84.013 (2) (a) Subject to s. ss. 84.555 and 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (4) (jq) and 20.866 (2) (ur) to (uu) (uum).
(b) Except as provided in ss. 84.014 and, 84.03 (3), and 84.555, and subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under s. 20.395 (3) (cq) to (cx).
84.014 (2) Notwithstanding s. 84.013 and subject Subject to s. ss. 84.555 and 86.255, any southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project and projects that involve adding one or more lanes 5 miles or more in length to the existing freeway, may be funded only from the appropriations under s.
ss. 20.395 (3) (cr), (cw), and (cy) and 20.866 (2) (uum).
109,258ptg
Section 258ptg. 84.014 (5) of the statutes is created to read:
84.014 (5) The department shall design the reconstruction of I 94 in Milwaukee and Waukesha counties, other than the Marquette interchange, to allow for expansion of capacity for vehicular traffic on I 94 in these counties to meet the projected vehicular traffic capacity needs, as determined by the department, for 25 years following the completion of such reconstruction.
109,258pu
Section 258pu. 84.014 (5m) of the statutes is created to read:
84.014 (5m) (a) Notwithstanding any other provision of this section, the department may not expend any moneys from the appropriations under s. 20.395 (3) (cr), (cw), and (cy) for a southeast Wisconsin freeway rehabilitation project that involves adding one or more lanes 5 miles or more in length to the existing freeway unless the project is specifically enumerated in a list under par. (b).
(b) The department may proceed with the following southeast Wisconsin freeway rehabilitation projects:
1. No projects are enumerated under this paragraph as of the effective date of this subdivision .... [revisor inserts date].
109,258pur
Section 258pur. 84.02 (15) of the statutes is created to read:
84.02 (15) Traffic control signal emergency preemption devices. (a) In this subsection:
1. "Additional cost" means the difference in cost between installation of a traffic control signal that is equipped with an emergency preemption device and confirmation signal and installation of a traffic control signal that is not so equipped, and includes the difference in incidental costs such as electrical wiring.
2. "Authorized emergency vehicle" has the meaning given in s. 340.01 (3) (a), (c), (g), or (i).
3. "Confirmation signal" means a white signal, located on or near a traffic control signal equipped with an emergency preemption device, that is designed to be visible to the operator of an approaching authorized emergency vehicle and that confirms to the operator that the emergency preemption device has received a transmission from the operator.
4. "Emergency preemption device" means an electrical device, located on or within a traffic control signal, that is designed to receive an electronic, radio, or sonic transmission from an approaching authorized emergency vehicle that alters the normal sequence of the traffic control signal to provide or maintain a green signal for the authorized emergency vehicle to proceed through the intersection.
5. "Political subdivision" means a county, city, village, or town.
6. "Traffic control signal" means any electrical device by which traffic is alternately directed to stop and permitted to proceed by means of exhibiting different colored lights successively.
(b) Before the department installs a new traffic control signal on a state trunk highway within the corporate limits of any political subdivision, the department shall do all of the following:
1. Notify the political subdivision of the planned traffic control signal installation.
2. Notify the political subdivision of the additional cost of equipping the traffic control signal with an emergency preemption device and confirmation signal.
3. Provide the political subdivision with the opportunity to request that the traffic control signal be equipped with an emergency preemption device and confirmation signal.
(c) If any political subdivision requests under par. (b) 3. that the department equip the traffic control signal with an emergency preemption device and confirmation signal, and one or more political subdivisions contributes a total of 50% of the additional cost specified under par. (b) 2., the department shall equip the traffic control signal with an emergency preemption device and confirmation signal when the department installs the traffic control signal.
(d) Notwithstanding pars. (b) and (c), this subsection does not prohibit the department from installing on any state trunk highway, at the department's expense, any traffic control signal equipped with an emergency preemption device and confirmation signal. The department may install a new traffic control signal equipped with an emergency preemption device and confirmation signal under this paragraph without providing notice and an opportunity to respond under par. (b) to any political subdivision. The department shall install a confirmation signal with every new emergency preemption device installed by the department under this paragraph.
(e) Any new traffic control signal installed by the department after the effective date of this paragraph .... [revisor inserts date], that is not equipped with an emergency preemption device shall include all electrical wiring necessary to equip the traffic control signal with an emergency preemption device and confirmation signal.
(f) The department shall promulgate rules to implement and administer this subsection. The rules shall include procedures and deadlines for the department's notification of political subdivisions, and for political subdivisions' requests and contributions to the department, under this subsection.
109,258puv
Section 258puv. 84.03 (2) (c) of the statutes is amended to read:
84.03 (2) (c) After receiving a plan under par. (b) 1., the cochairpersons of the joint committee on finance jointly shall determine whether the plan is complete. If the joint committee on finance meets and either approves or modifies and approves a plan submitted under par. (b) 1. within 14 days after the cochairpersons determine that the plan is complete, the secretary shall implement the plan as approved by the committee. If the joint committee on finance does not meet and either approve or modify and approve a plan submitted under par. (b) 1. within 14 days after the cochairpersons determine that the plan is complete, the secretary shall implement the proposed plan. If the joint committee on finance approves a plan under s. 84.555 for a state fiscal year, the joint committee on finance may modify a plan implemented under this paragraph for that fiscal year.
109,258puw
Section 258puw. 84.09 (9) of the statutes is created to read:
84.09 (9) Subsections (5), (5m), and (6) do not apply to state surplus property that is directed to be sold under 2001 Wisconsin Act .... (this act), section 9107 (1b).
109,258pux
Section 258pux. 84.185 (3m) of the statutes is created to read:
84.185 (3m) Review of applications. The department shall accept, review, and make determinations on applications for assistance under this section on a continuing, year-round basis. The department shall make a determination on each application for assistance under this section within a reasonable time after its receipt by the department.
109,258pv
Section 258pv. 84.30 (10m) of the statutes is amended to read:
84.30 (10m) Annual permit fee requirement. The department may promulgate a rule requiring persons specified in the rule to pay annual permit fees for signs. The rule shall specify that no permit fee may be charged for an off-premises advertising sign that is owned by a nonprofit organization. If the department establishes an annual permit fee under this subsection, failure to pay the fee within 2 months after the date on which payment is due is evidence that the sign has been abandoned for the purposes of s. TRANS 201.10 (2) (f), Wis. Adm. Code.
109,258pw
Section 258pw. 84.555 of the statutes is created to read:
84.555 Additional funding of major highway and rehabilitation projects. (1) Notwithstanding ss. 84.51 and 84.59, major highway projects, as defined under s. 84.013 (1) (a), for the purposes of ss. 84.06 and 84.09, southeast Wisconsin freeway rehabilitation projects under s. 84.014, and state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq), may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) if all of the following conditions are satisfied:
(a) The department's most recent estimate of the amount of federal funds, as defined in s. 84.03 (2) (a) 1., that the department will be appropriated under s. 20.395 in the current state fiscal year is less than 95% of the amount of federal funds shown in the schedule, as defined in s. 84.03 (2) (a) 2., for the appropriations under s. 20.395 in that fiscal year.
(b) The secretary has submitted a plan to the joint committee on finance for the use of proceeds of general obligation bonds issued under s. 20.866 (2) (uum) and the joint committee on finance has approved the plan, except that the secretary may not submit, and the joint committee on finance may not approve, a plan for the use of an amount of proceeds of general obligation bonds that exceeds the difference between the amount of federal funds, as defined in s. 84.03 (2) (a) 1., actually available to the department to be appropriated under s. 20.395 in the current state fiscal year and the amount of federal funds shown in the schedule, as defined in s. 84.03 (2) (a) 2., for the appropriations under s. 20.395 in that fiscal year.
(2) The joint committee on finance may approve, or modify and approve, a plan received under sub. (1) (b) using the procedure specified in s. 84.03 (2) (c). No plan submitted under sub. (1) (b) may be implemented unless the joint committee on finance has approved, or modified and approved, the plan.
(3) The secretary may submit a plan under sub. (1) (b) at any time during a state fiscal year after the condition specified in sub. (1) (a) is satisfied for that fiscal year.
109,258x
Section 258x. 85.07 (7) (c) of the statutes is created to read:
85.07
(7) (c) Notwithstanding par. (b), the department shall, in each fiscal year, expend federal funds available under
23 USC 152 for hazard elimination projects that reduce the response time of emergency vehicles regardless of reduction in motor vehicle accidents.
85.12 (3) The department may contract with any local governmental unit, as defined in s. 22.01 16.97 (7), to provide that local governmental unit with services under this section.
109,259
Section 259. 86.192 (4) of the statutes is amended to read:
86.192 (4) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the injury, defacement or removal causes the death of a person.
109,259g
Section 259g. 86.312 (2) (a) of the statutes is amended to read:
86.312 (2) (a) The department shall administer a local roads for job preservation program to award grants to political subdivisions for any project that the department determines is necessary to support business and retain jobs in the vicinity of the local road. The department may award grants under this section for any costs related to a project, including costs of acquiring rights-of-way, planning, designing, engineering, and constructing a local road. The department may specify the pavement to be used in any project funded under this section for the purpose of enhancing the pavement life and cost-effectiveness of the project.
109,259h
Section 259h. 87.30 (1) (d) of the statutes is amended to read:
87.30 (1) (d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.
109,259m
Section 259m. 93.07 (1) of the statutes is amended to read:
93.07 (1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of department to carry out its duties and powers under chs. 93 to 100, which regulations shall have the force of law.
109,259r
Section 259r. 93.07 (10) (a) of the statutes is repealed.
109,259s
Section 259s. 93.07 (10) (b) of the statutes is renumbered 93.07 (10) and amended to read:
93.07 (10) Animal health; quarantine. To protect the health of domestic animals of the
located in this state; and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among domestic animals, and for. For these purposes it, the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem determines are necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this paragraph subsection.
109,259sd
Section 259sd. 93.07 (23) of the statutes is created to read:
93.07 (23) Consumer protection administration. To administer ss. 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.206, 100.208, 100.21, 100.22, 100.235, 100.265, 100.27, 100.285 to 100.297, 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51 and to enforce ss. 100.206, 100.21, 100.30, and 100.51.
109,259se
Section 259se. 93.07 (24) of the statutes is amended to read:
93.07 (24) Enforcement of laws. To enforce or assist in the enforcement of chs. 88 and 93 to 100 and all other laws entrusted to its administration, and especially:
(a) To enforce the laws administered by the department regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.
(b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe, under the laws administered by the department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.
(d) To prosecute or cause to be prosecuted, under the laws administered by the department, any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.
109,259sf
Section 259sf. 93.18 (3) of the statutes is amended to read:
93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).
109,259sh
Section 259sh. 93.18 (7) of the statutes is created to read:
